Wesby and Manko (Child support)

This matter concerned an application by the father, Wesby, for review of a decision made by the Child Support Registrar. The dispute centred on the percentage of care attributed to each parent for their child, Manko, and the subsequent determination of child support payable. The father sought to have a previous determination revoked and a new one made, arguing that the pattern of care had changed. The Administrative Appeals Tribunal was tasked with reviewing the Registrar's decision.

The primary legal issues before the Tribunal were whether the Registrar had erred in its assessment of the percentage of care, and consequently, whether the child support determination should be revoked and a new one made. A secondary issue arose regarding the timeliness of the father's application for review, specifically whether "special circumstances" existed to permit the review despite the application not being made within the prescribed 28-day period following service of the notice of objection decision.

The Tribunal considered the evidence presented regarding the actual pattern of care for the child. It applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning the determination of care percentages and the revocation of previous assessments. The Tribunal found that the evidence did not support a significant change in the pattern of care that would warrant a revocation of the existing child support determination. Furthermore, the Tribunal determined that there were no special circumstances to excuse the delay in lodging the application for review.

Consequently, the Tribunal set aside the Registrar's decision and substituted its own decision, finding that the father's application for review was out of time and that the existing child support determination should stand.